4.30pm

Straw sounds death knell for FoI curbs

The government today moved to resolve the row over freedom of information and MPs' correspondence as it pledged to issue new guidance to public bodies.

The announcement by Jack Straw, the leader of the Commons, in effect sounded the death knell for a contentious bid to exempt MPs from the Freedom of Information Act.

But Tory MP David Maclean refused to admit defeat over his private member's bill despite its failure to secure the support of a peer to steer it through the Lords by yesterday's deadline.

The measure - which triggered an outcry when it was backed by the Commons last month - could technically be revived, though critics said a lack of parliamentary time means it stands almost zero chance of becoming law by the end of the session.

Mr Maclean claims the measure is needed to protect MPs' correspondence with constituents from disclosure by public authorities.

But opponents dismiss that as a "smokescreen" for a much wider exemption.

They say such letters are already covered by the Data Protection Act and the bill is far too widely drawn.

Mr Straw signalled today that new legislation would not be needed to protect MPs' correspondence.

"If we can arrive at the end which everybody sought by other means, we will all celebrate that," he told MPs.

Mr Straw said "absolutely clear" guidance would instead be issued to public authorities.

"First of all, there has in every case to be consultation with the MP concerned, and secondly, it is probable that in almost every case such correspondence is covered either by the exemptions - which are absolute exemptions - in respect of confidentiality, or of data protection, or by many of the other qualified exemptions with the FoI Act.

"Detailed guidance has been drafted," he added. "I think it should lead to a better situation than we faced before."

Mr Straw continued: "The difficulty that had arisen was that public authorities were proceeding and getting ready to issue correspondence without a by-your-leave to MPs, still less any consideration of the exemptions that could apply.

"This was going to be very serious indeed and would have destroyed the relationship between members and their constituents which is fundamental to the way we operate on their behalf."

Lord Trefgarne, the former Tory defence minister, had been tipped to sponsor the bill in the Lords but Mr Maclean said that they had abandoned it for now.

"We discussed it and we are not going ahead at present," he said. "I will leave it in the Lords and see what happens."

Some MPs believe they came under pressure from the Conservative leader, David Cameron, to drop the fight amid fears it could embarrass the party.

Mr Cameron has said that the Conservatives would not support it in its present form if it came to a vote in the Lords.

Although the government is officially neutral on the bill, opponents suspect that it has been tacitly helping the measure.

But leading critic Lord McNally, the Liberal Democrat leader in the Lords, said support would have to become overt if the bill was to stand even a slim change of getting through now.

Asked if the government would give such support, the Prime minister's official spokesman replied simply: "This is a matter for parliament."

Lord McNally said: "I am very glad the House of Lords has resisted. No-one could be found to sponsor the bill; no one wanted the infamy slot."

Under parliamentary rules, a sponsor has to come forward within 12 sitting days of the bill being introduced in the Lords if it is to proceed. That period expired yesterday afternoon.

The measure could be taken up again, but a sponsor would have to give eight days' notice of his or her intention to back the measure.

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